BOLOGNA v. SCHLANGER

No. 5D06-1017.

995 So.2d 526 (2008)

Tracy BOLOGNA, a/k/a Tracy Hoffman, Appellant, v. Edwin SCHLANGER, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

June 20, 2008.


Attorney(s) appearing for the Case

Marlene S. Reiss, and Cayla B. Tenenbaum, of Stephens, Lynn, Klein, Lacava, Hoffman & Puya, P.A., Miami, for Appellant.

Elizabeth C. Wheeler, of Elizabeth C. Wheeler, P.A., and Tiffany M. Faddis, of Law Office of J. Christopher Norris, Orlando, for Appellee.


PER CURIAM.

Tracy Bologna ["Bologna"] appeals the trial court's order dismissing her personal injury suit with prejudice for intentional and fraudulent conduct in responding to discovery. We conclude that the trial court erred in dismissing the claim without conducting an evidentiary hearing and reverse.

According to Bologna's deposition testimony, she was traveling on Apopka-Vineland Road in Orlando when her vehicle was struck by Edwin Schlanger's ["Schlanger...

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